SUNIL CHANDRA MONDAL Vs. NARAYAN CHANDRA SHIL

JUDGEMENT

(1.) This appeal, by leave, defendant Nos. 45-47 in a partition suit being Suit No. 74 of 1979 of the Title Suit No. 40 1983. Court of Assistants Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and circumstances of the present case and whether the High Court Division was justified in uphold order of amendment in revision.

(2.) Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to the plaint. The appellants as defendant Nos. 45-47 also prayed for a separate saham in respect of 5.55 acres of their purchased land on the schedule property.

(3.) The learned Assistant Judge decreed the suit of the plaintiff in a preliminary form on September 1986 but no saham was allotted to the appellants whereupon they preferred Title Appeal No. 145 of 1986 to the District Judge, Pirojpur. During the pendency of the appeal, plaintiff Nos. 1-7 appellants filed solenama on 13 November before the District Judge. On 6 February 1989 learned District Judge decided the appeal on, of the solenama recording an order as follows: